109 HR 2829 IH: Office of National Drug Control Policy Reauthorization Act of 2005
U.S. House of Representatives
2005-06-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Short title; table of contents; references
(a)This Act may be cited as the Office of National Drug Control Policy Reauthorization Act of 2005
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents; references
Sec. 2. Repeal of termination provision
Sec. 3. Amendments to definitions
Sec. 4. Amendments relating to establishment of Office of National Drug Control Policy and designation of officers
Sec. 5. Amendments relating to appointment and duties of Director and Deputy Director
Sec. 6. Amendments relating to coordination with other agencies
Sec. 7. Development, submission, implementation, and assessment of National Drug Control Strategy
Sec. 8. High Intensity Drug Trafficking Areas Program
Sec. 9. Funding for certain High Intensity Drug Trafficking Areas
Sec. 10. Amendments relating to Counter-Drug Technology Assessment Center
Sec. 11. National youth antidrug media campaign
Sec. 12. Drug interdiction
Sec. 13. Authorization of appropriations
Sec. 14. Technical amendments and repeal
(c)Amendment of Office of National Drug Control Policy Reauthorization Act of 1998Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Office of National Drug Control Policy Reauthorization Act of 1998 (Public Law 105–277; 21 U.S.C. 1701 et seq.).
2.Repeal of termination provisionSection 715 (21 U.S.C. 1712) is repealed, and the law shall read as if such section was never in effect.
3.Amendments to definitions
(a)Amendments to definitionsSection 702 (21 U.S.C. 1701) is amended—
(1)in paragraph (1)—
(A)by striking and
at the end of subparagraph (F);
(B)by striking the period at the end of subparagraph (G) and inserting , including the testing of employees;
; and
(C)by adding at the end the following:
(H)interventions for drug abuse and dependence; and
(I)international drug control coordination and cooperation with respect to activities described in this paragraph.;
(2)in paragraph (6), by adding before the period at the end: , including any activities involving supply reduction, demand reduction, or State and local affairs
;
(3)in paragraph (7)—
(A)by striking Agency
and inserting agency
;
(B)by striking National Foreign Intelligence Program,
and inserting National Intelligence Program,
; and
(C)by inserting a comma before or Tactical
;
(4)in paragraph (9), by striking implicates
and inserting indicates
;
(5)in paragraph (10)—
(A)by adding National Drug Control Program agencies and
after among
in subparagraph (B);
(B)by striking and
at the end of subparagraph (B);
(C)by striking the period at the end of subparagraph (C) and inserting a semicolon; and
(D)by adding at the end the following:
(D)domestic drug law enforcement, including law enforcement directed at drug users; and
(E)coordination and enhancement of Federal, State, and local law enforcement initiatives to gather, analyze, and disseminate information and intelligence relating to drug control among domestic law enforcement agencies.;
(6)in paragraph (11)—
(A)by inserting before the semicolon in subparagraph (A) the following:
, including—
(i)law enforcement outside the United States; and
(ii)source country programs, including economic development programs primarily intended to reduce the production or trafficking of illicit drugs;
(B)by inserting striking subparagraph (B) and inserting the following:
(B)facilitating and enhancing the sharing of foreign and domestic information and intelligence relating to drug production and trafficking among National Drug Control Program agencies, and between those agencies and foreign law enforcement agencies; and;
(C)by striking ; and
at the end of subparagraph (C) and inserting a period; and
(D)by striking subparagraph (D); and
(7)by adding at the end the following:
(12)Appropriate congressional committeesExcept where otherwise provided, the term appropriate congressional committees
means the Committee on the Judiciary, the Committee on Appropriations, and the Caucus on International Narcotics Control of the Senate and the Committee on Government Reform, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives.
(13)The term law enforcement
or drug law enforcement
means all efforts by a Federal, State, or local government agency to enforce the drug laws of the United States or any State, including investigation, arrest, prosecution, and incarceration or other punishments or penalties. .
(b)Section 703(b)(3) (21 U.S.C. 1702(b)(3)) is amended—
(1)in subparagraph (A), by striking (G)
and inserting (I)
; and
(2)in subparagraph (C)—
(A)by striking (C)
and inserting (E)
;
(B)by striking and subparagraph (D) of section 702(11)
; and
(C)by adding at the end the following: , and sections 707 and 708 of this Act
.
4.Amendments relating to establishment of Office of National Drug Control Policy and designation of officers
(a)Paragraph (4) of section 703(a) (21 U.S.C. 1702(a)) is amended to read as follows:
(4)evaluate the effectiveness of the national drug control policy and the National Drug Control Program agencies’ programs, by developing and applying specific goals and performance measurements..
(b)Section 703(b) (21 U.S.C. 1702(b)) is amended in paragraph (1) by adding before the period the following: , who shall hold the same rank and status as the head of an executive department listed in section 101 of title 5, United States Code
.
(c)Section 703(b) (21 U.S.C. 1702(b)) is amended in paragraph (3)—
(1)by striking Office—
and inserting Office the following additional Deputy Directors—
; and
(2)in subparagraph (B), by striking who shall
and inserting the following: who shall have substantial experience and expertise in drug interdiction operations and other supply reduction activities, and who shall serve as the United States Interdiction Coordinator and
.
5.Amendments relating to appointment and duties of Director and Deputy Director
(a)Designation of other officersSection 704(a)(3) (21 U.S.C. 1703(a)(3)) is amended—
(1)by striking permanent employee
and inserting officer or employee
; and
(2)by striking serve as the Director
and inserting serve as the acting Director
.
(b)Responsibilities of directorSection 704(b) (21 U.S.C. 1703(b)) is amended—
(1)in paragraph (4), by striking Federal departments and agencies engaged in drug enforcement,
and inserting National Drug Control Program agencies,
;
(2)in paragraph (7), by inserting after President
the following: and the appropriate congressional committees
;
(3)in paragraph (13), by striking (beginning in 1999)
;
(4)in paragraph (14)(A)—
(A)by striking Appropriations
and all that follows through Senate
and inserting appropriate congressional committees
; and
(B)by striking and
after the semicolon;
(5)in paragraph (15), by striking subparagraph (C) and inserting the following:
(C)supporting the substance abuse information clearinghouse administered by the Administrator of the Substance Abuse and Mental Health Services Administration and established in section 501(d)(16) of the Public Health Service Act by—
(i)encouraging all National Drug Control Program agencies to provide all appropriate and relevant information; and
(ii)supporting the dissemination of information to all interested entities;; and
(6)by inserting at the end the following:
(16)shall coordinate with the private sector to promote private research and development of medications to treat addiction;
(17)shall seek the support and commitment of State and local officials in the formulation and implementation of the National Drug Control Strategy;
(18)shall monitor and evaluate the allocation of resources among Federal law enforcement agencies in response to significant local and regional drug trafficking and production threats; and
(19)shall submit an annual report to Congress detailing how the Office of National Drug Control Policy has consulted with and assisted State and local governments with respect to the formulation and implementation of the National Drug Control Strategy and other relevant issues..
(c)Submission of drug control budget requestsSection 704(c)(1) is amended by adding at the end the following:
(C)Content of drug control budget requestsA drug control budget request submitted by a department, agency, or program under this paragraph shall include all requests for funds for any drug control activity undertaken by that department, agency, or program, including demand reduction, supply reduction, and State and local affairs, including any drug law enforcement activities. If an activity has both drug control and nondrug control purposes or applications, the department, agency, or program shall estimate by a documented calculation the total funds requested for that activity that would be used for drug control, and shall set forth in its request the basis and method for making the estimate..
(d)National drug control budget proposalSection 704(c)(2) is amended in subparagraph (A) by inserting before the semicolon: and to inform Congress and the public about the total amount proposed to be spent on all supply reduction, demand reduction, State and local affairs, including any drug law enforcement, and other drug control activities by the Federal Government, which shall conform to the content requirements set forth in subparagraph (C) of paragraph (1) of this subsection
.
(e)Review and certification of national drug control program budgetSection 704(c)(3) (21 U.S.C. 1703(c)(3)) is amended—
(1)by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;
(2)by inserting after subparagraph (B) the following new subparagraph:
(C)The Director shall not confirm the adequacy of any budget request that—
(i)requests funding for Federal law enforcement activities that do not adequately compensate for transfers of drug enforcement resources and personnel to law enforcement and investigation activities not related to drug enforcement as determined by the Director;
(ii)requests funding for law enforcement activities on the borders of the United States that do not adequately direct resources to drug interdiction and enforcement as determined by the Director;
(iii)requests funding for drug treatment activities that do not provide adequate result and accountability measures as determined by the Director;
(iv)requests funding for any activities of the Safe and Drug Free Schools Program that do not include a clear antidrug message or purpose intended to reduce drug use;
(v)requests funding to enforce section 484(r)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(r)(1)) with respect to convictions for drug-related offenses not occurring during a period of enrollment for which the student was receiving any Federal grant, loan, or work assistance;
(vi)requests funding for drug treatment activities that do not adequately support and enhance Federal drug treatment programs and capacity, as determined by the Director;
(vii)requests funding for fiscal year 2007 for activities of the Department of Education, unless it is accompanied by a report setting forth a plan for providing expedited consideration of student loan applications for all individuals who submitted an application for any Federal grant, loan, or work assistance that was rejected or denied pursuant to 484(r)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(r)(1)) by reason of a conviction for a drug-related offense not occurring during a period of enrollment for which the individual was receiving any Federal grant, loan, or work assistance;
(viii)requests funding for the operations and management of the Department of Homeland Security that does not include a specific request for funds for the Office of Counternarcotics Enforcement to carry out its responsibilities under section 878 of the Homeland Security Act of 2002 (6 U.S.C. 458).;
(3)in subparagraph (D)(iii), as so redesignated, by inserting and the appropriate congressional committees
after House of Representatives
; and
(4)in subparagraph (E)(ii)(bb), as so redesignated, by inserting and the appropriate congressional committees
after House of Representatives
.
(f)Reprogramming and transfer requestsSection 704(c)(4)(A) (21 U.S.C. 1703(c)(4)(A)) is amended by striking $5,000,000
and inserting $1,000,000
.
(g)Section 704(d) (21 U.S.C. 1703(d)) is amended—
(1)in paragraph (8)(D), by striking have been authorized by Congress;
and inserting authorized by law;
;
(2)in paragraph (9)—
(A)by inserting notwithstanding any other provision of law,
after (9)
; and
(B)by striking Strategy; and
and inserting Strategy and notify the appropriate congressional committees of any fund control notice issued;
;
(3)in paragraph (10), by striking (22 U.S.C. 2291j).
and inserting (22 U.S.C. 2291j) and section 706 of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j–1); and
; and
(4)by adding at the end the following new paragraph:
(11)not later than August 1 of each year, submit to the President a report, and transmit copies of the report to the Secretary of State and the appropriate congressional committees, that—
(A)provides the Director’s assessment of which countries are major drug transit countries or major illicit drug producing countries as defined in section 481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e));
(B)provides the Director’s assessment of whether each country identified under subparagraph (A) has cooperated fully with the United States or has taken adequate steps on its own to achieve full compliance with the goals and objectives established by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and otherwise has assisted in reducing the supply of illicit drugs to the United States; and
(C)provides the Director’s assessment of whether application of procedures set forth in section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j), as provided in section 706 of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j–1), is warranted with respect to countries the Director assesses have not cooperated fully. .
(g)Section 704(f) (21 U.S.C. 1703(f)) is amended by adding at the end the following:
(4)A copy of each fund control notice shall be transmitted to the appropriate congressional committees.
(5)The Director shall not issue a fund control notice to direct that all or part of an amount appropriated to the National Drug Control Program agency account be obligated, modified, or altered in any manner contrary, in whole or in part, to a specific appropriation or statute..
(h)Section 704 (21 U.S.C. 1703) is amended—
(1)in subsection (g)—
(A)by striking National Foreign Intelligence Program
and inserting National Intelligence Program
; and
(B)by inserting a comma before and Tactical
; and
(2)in subsection (h), by striking Director of Central Intelligence
and inserting Director of National Intelligence or the Director of the Central Intelligence Agency
.
(i)Requirement for south american heroin strategy
(1)Not later than 90 days after the date of the enactment of this Act, the Director of National Drug Control Policy shall submit to the Congress a comprehensive strategy that addresses the increased threat from South American heroin, and in particular Colombian heroin and the emerging threat from opium poppy grown in Peru.
(2)The strategy shall include—
(A)opium eradication efforts to eliminate the problem at the source to prevent heroin from entering the stream of commerce;
(B)interdiction and precursor chemical controls;
(C)demand reduction and treatment;
(D)alternative development programs, including direct assistance to regional governments to demobilize and provide alternative livelihoods to former members of insurgent or other groups engaged in heroin, coca, or other illicit drug production or trafficking;
(E)provisions that ensure the maintenance at current levels of efforts to eradicate coca in Colombia; and
(F)assessment of the level of additional funding and resources necessary to simultaneously address the threat from South American heroin and the threat from Colombian and Peruvian coca.
(3)Treatment of classified or law enforcement sensitive informationAny content of the strategy that involves information classified under criteria established by an Executive order, or whose public disclosure, as determined by the Director or the head of any relevant Federal agency, would be detrimental to the law enforcement or national security activities of any Federal, foreign, or international agency, shall be presented to Congress separately from the rest of the strategy.
(j)Requirement for Afghan heroin strategy
(1)Not later than 90 days after the date of the enactment of this Act, the Director of the Office of National Drug Control Policy shall submit to the Congress a comprehensive strategy that addresses the increased threat from Afghan heroin.
(2)The strategy shall include—
(A)opium crop eradication efforts to eliminate the problem at the source to prevent heroin from entering the stream of commerce;
(B)destruction or other direct elimination of stockpiles of heroin and raw opium, and heroin production and storage facilities;
(C)interdiction and precursor chemical controls;
(D)demand reduction and treatment;
(E)alternative development programs;
(F)measures to improve cooperation and coordination between Federal Government agencies, and between such agencies, agencies of foreign governments, and international organizations with responsibility for the prevention of heroin production in, or trafficking out of, Afghanistan; and
(G)an assessment of the level of additional funding and resources necessary significantly to reduce the production and trafficking of heroin.
(3)Treatment of classified or law enforcement sensitive informationAny content of the strategy that involves information classified under criteria established by an Executive order, or whose public disclosure, as determined by the Director or the head of any relevant Federal agency, would be detrimental to the law enforcement or national security activities of any Federal, foreign, or international agency, shall be presented to Congress separately from the rest of the strategy.
(k)Requirement for general counterdrug intelligence plan
(1)Not later than 120 days after the date of enactment of this Act, and not later than every two years thereafter, the Director of the Office of National Drug Control Policy, in consultation with the Director of National Intelligence and the members of the Counterdrug Intelligence Coordinating Group, shall submit to the appropriate congressional committees, a general counterdrug intelligence plan to improve coordination, and eliminate unnecessary duplication, among the counterdrug intelligence centers and information sharing systems, and counterdrug activities of the Federal Government, including the centers, systems, and activities of the following departments and agencies:
(A)The Department of Defense, including the Defense Intelligence Agency, and the joint interagency task forces.
(B)The Department of the Treasury, including the Financial Crimes Enforcement Network (FinCEN).
(C)The Central Intelligence Agency.
(D)The National Security Agency.
(E)The Department of Homeland Security, including the United States Coast Guard, the bureau of Customs and Border Protection, and the bureau of Immigration and Customs Enforcement.
(F)The Department of Justice, including the National Drug Intelligence Center (NDIC); the Drug Enforcement Administration, including the El Paso Intelligence Center (EPIC) and the Special Operations Division; the Federal Bureau of Investigation; the Organized Crime Drug Enforcement Task Force; and the Regional Information Sharing System.
(G)The Office of National Drug Control Policy, including the High Intensity Drug Trafficking Areas Program, and the Counterdrug Intelligence Executive Secretariat.
(2)The purpose of the plan under paragraph (1) is to maximize the effectiveness of the centers and activities referred to in that paragraph in achieving the objectives of the National Drug Control Strategy promulgated under 21 U.S.C. 1705. In order to maximize such effectiveness, the plan shall—
(A)articulate clear and specific mission statements (including purpose and scope of activity) for each counterdrug intelligence center, system, and activity, including the manner in which responsibility for counterdrug intelligence activities will be allocated among the counterdrug intelligence centers and systems;
(B)specify each government agency (whether Federal, State, or local) that participates in each such center, system, and activity, including a description of the extent and nature of that participation;
(C)specify the relationship between such centers, systems, and activities;
(D)specify the means by which proper oversight of such centers, systems, and activities will be assured;
(E)specify the means by which counterdrug intelligence and information will be forwarded effectively to all levels of officials responsible for United States counterdrug policy; and
(F)specify mechanisms to ensure that State and local law enforcement agencies are apprised of counterdrug intelligence and information acquired by Federal law enforcement agencies in a manner which—
(i)facilitates effective counterdrug activities by State and local law enforcement agencies; and
(ii)provides such State and local law enforcement agencies with the information relating to the safety of officials involved in their counterdrug activities.
(3)As used in this subsection—
(A)the term center
refers to any center, office, task force, or other coordinating organization engaged in counterdrug intelligence or information analyzing or sharing activities;
(B)the term system
refers to any database or other electronic system used for counterdrug intelligence or information analyzing or sharing activities; and
(C)the term appropriate congressional committees
means the following:
(i)The Committee on Appropriations, the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, the Caucus on International Narcotics Control, and the Select Committee on Intelligence of the Senate.
(ii)The Committee on Appropriations, the Committee on International Relations, the Committee on the Judiciary, the Committee on Government Reform, the Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives.
(4)The general counterdrug intelligence plan shall not—
(A)change existing agency authorities or the laws governing interagency relationships, but may include recommendations about changes to such authorities or laws; or
(B)include any information about specific methods of obtaining, or sources of, intelligence or information, or any information about specific individuals, cases, investigations, or operations.
(5)Classified or law enforcement sensitive informationAny content of the general counterdrug intelligence plan that involves information classified under criteria established by an Executive order, or whose public disclosure, as determined by the Director of the Office of National Drug Control Policy, the Director of National Intelligence, or the head of any Federal Government agency whose activities are described in the plan, would be detrimental to the law enforcement or national security activities of any Federal, State, or local agency, shall be presented to Congress separately from the rest of the report.
(l)Requirement for southwest border counternarcotics strategy
(1)Not later than 120 days after the date of enactment of this Act, and every two years thereafter, the Director of National Drug Control Policy shall submit to the Congress a Southwest Border Counternarcotics Strategy.
(2)The Southwest Border Counternarcotics Strategy shall—
(A)set forth the Government’s strategy for preventing the illegal trafficking of drugs across the international border between the United States and Mexico, including through ports of entry and between ports of entry on that border;
(B)state the specific roles and responsibilities of the relevant National Drug Control Program agencies (as defined in section 702 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701)) for implementing that strategy; and
(C)identify the specific resources required to enable the relevant National Drug Control Program agencies to implement that strategy.
(3)Consultation with other agenciesThe Director shall issue the Southwest Border Counternarcotics Strategy in consultation with the heads of the relevant National Drug Control Program agencies.
(4)The Southwest Border Counternarcotics Strategy shall not change existing agency authorities or the laws governing interagency relationships, but may include recommendations about changes to such authorities or laws.
(5)The Director shall provide a copy of the Southwest Border Counternarcotics Strategy to the appropriate congressional committees (as defined in section 702 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701)), and to the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate.
(6)Treatment of classified or law enforcement sensitive informationAny content of the Southwest Border Counternarcotics Strategy that involves information classified under criteria established by an Executive order, or whose public disclosure, as determined by the Director or the head of any relevant National Drug Control Program agency, would be detrimental to the law enforcement or national security activities of any Federal, State, or local agency, shall be presented to Congress separately from the rest of the strategy.
6.Amendments relating to coordination with other agenciesSection 705 (21 U.S.C. 1704) is amended—
(1)in subsection (a)(1)(A), by striking abuse
;
(2)in subsection (a)(2), by striking Director of Central Intelligence
each time it appears and inserting Director of National Intelligence and the Director of the Central Intelligence Agency
;
(3)by amending paragraph (3) of subsection (a) to read as follows:
(3)
(A)Secretaries of the interior and agricultureThe Secretaries of Agriculture and Interior shall, by July 1 of each year, jointly submit to the Director, the appropriate congressional committees, the Committee on Agriculture and the Committee on Resources of the House of Representatives, and the Committee on Agriculture and the Committee on Energy and Natural Resources of the Senate, an assessment of the quantity of illegal drug cultivation and manufacturing in the United States on lands owned or under the jurisdiction of the Federal Government for the preceding year.
(B)The Attorney General shall, by July 1 of each year, submit to the Director and the appropriate congressional committees information for the preceding year regarding the number and type of—
(i)arrests for drug violations;
(ii)prosecutions for drug violations by United States Attorneys; and
(iii)seizures of drugs by each component of the Department of Justice seizing drugs, as well as statistical information on the geographic areas of such seizures.
(C)Secretary of homeland securityThe Secretary of Homeland Security shall, by July 1 of each year, submit to the Director, the appropriate congressional committees, and the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, information for the preceding year regarding—
(i)the number and type of seizures of drugs by each component of the Department of Homeland Security seizing drugs, as well as statistical information on the geographic areas of such seizures; and
(ii)the number of air and maritime patrol hours undertaken by each component of that Department primarily dedicated to drug supply reduction missions.
(D)The Secretary of Defense shall, by July 1 of each year, submit to the Director, the appropriate congressional committees, the Committee on Armed Services of the House of Representatives, and the Committee on Armed Services of the Senate, information for the preceding year regarding the number of air and maritime patrol hours primarily dedicated to drug supply reduction missions undertaken by each component of the Department of Defense.;
(4)in subsection (b)(2)(B), by striking Program.
and inserting Strategy.
; and
(5)in subsection (c), by striking in
and inserting on
.
7.Development, submission, implementation, and assessment of National Drug Control StrategySection 706 (21 U.S.C. 1705) is amended to read as follows:
706.Development, submission, implementation, and assessment of National Drug Control Strategy
(a)Timing, contents, and process for development and submission of national drug control strategy
(1)Not later than February 1 of each year, the President shall submit to Congress a National Drug Control Strategy, which shall set forth a comprehensive plan for reducing illicit drug use and the consequences of illicit drug use in the United States by reducing the demand for illegal drugs, limiting the availability of illegal drugs, and conducting law enforcement activities with respect to illegal drugs.
(2)
(A)The National Drug Control Strategy submitted under paragraph (1) shall include the following:
(i)Comprehensive, research-based, long-range, and quantifiable goals for reducing illicit drug use and the consequences of illicit drug use in the United States.
(ii)Annual quantifiable objectives for demand reduction, supply reduction, and law enforcement activities, specific targets to accomplish long-range quantifiable reduction in illicit drug use as determined by the Director, and specific measurements to evaluate progress toward the targets and strategic goals.
(iii)A strategy to reduce the availability and purity of illegal drugs and the level of drug-related crime in the United States.
(iv)An assessment of Federal effectiveness in achieving the National Drug Control Strategy for the previous year, including a specific evaluation of whether the objectives and targets for reducing illicit drug use for the previous year were met and reasons for the success or failure of the previous year’s Strategy.
(v)Notification of any program or budget priorities that the Director expects to significantly change from the current Strategy over the next five years.
(vi)A review of international, State, and local drug control activities to ensure that the United States pursues well-coordinated and effective drug control at all levels of government.
(vii)A review of demand reduction activities by private sector entities and community-based organizations, including faith-based organizations, to determine their effectiveness and the extent of cooperation, coordination, and mutual support between such entities and organizations and Federal, State, and local government agencies.
(viii)An assessment of current illicit drug use (including inhalants and steroids) and availability, impact of illicit drug use, and treatment availability, which assessment shall include—
(I)estimates of drug prevalence and frequency of use as measured by national, State, and local surveys of illicit drug use and by other special studies of nondependent and dependent illicit drug use;
(II)illicit drug use in the workplace and the productivity lost by such use; and
(III)illicit drug use by arrestees, probationers, and parolees.
(ix)An assessment of the reduction of illicit drug availability, as measured by—
(I)the quantities of cocaine, heroin, marijuana, methamphetamine, ecstasy, and other drugs available for consumption in the United States;
(II)the amount of marijuana, cocaine, heroin, methamphetamine, ecstasy, and precursor chemicals and other drugs entering the United States;
(III)the number of illicit drug manufacturing laboratories seized and destroyed and the number of hectares of marijuana, poppy, and coca cultivated and destroyed domestically and in other countries;
(IV)the number of metric tons of marijuana, heroin, cocaine, and methamphetamine seized and other drugs; and
(V)changes in the price and purity of heroin, methamphetamine, and cocaine, changes in the price of ecstasy, and changes in tetrahydrocannabinol level of marijuana and other drugs.
(x)An assessment of the reduction of the consequences of illicit drug use and availability, which shall include—
(I)the burden illicit drug users place on hospital emergency departments in the United States, such as the quantity of illicit drug-related services provided;
(II)the annual national health care cost of illicit drug use; and
(III)the extent of illicit drug-related crime and criminal activity.
(xi)A determination of the status of drug treatment in the United States, by assessing—
(I)public and private treatment utilization; and
(II)the number of illicit drug users the Director estimates meet diagnostic criteria for treatment.
(xii)A review of the research agenda of the Counterdrug Technology Assessment Center to reduce the availability and abuse of drugs.
(xiii)A summary of the efforts made to coordinate with private sector entities to conduct private research and development of medications to treat addiction by—
(I)screening chemicals for potential therapeutic value;
(II)developing promising compounds;
(III)conducting clinical trials;
(IV)seeking Food and Drug Administration approval for drugs to treat addiction;
(V)marketing the drug for the treatment of addiction;
(VI)urging physicians to use the drug in the treatment of addiction; and
(VII)encouraging insurance companies to reimburse the cost of the drug for the treatment of addiction.
(xiv)Such additional statistical data and information as the Director considers appropriate to demonstrate and assess trends relating to illicit drug use, the effects and consequences of illicit drug use, supply reduction, demand reduction, drug-related law enforcement, and the implementation of the National Drug Control Strategy.
(xv)A supplement reviewing the activities of each individual National Drug Control Program agency during the previous year with respect to the National Drug Control Strategy and the Director’s assessment of the progress of each National Drug Control Program agency in meeting its responsibilities under the National Drug Control Strategy.
(B)Any contents of the National Drug Control Strategy that involve information properly classified under criteria established by an Executive order shall be presented to Congress separately from the rest of the National Drug Control Strategy.
(C)Selection of data and informationIn selecting data and information for inclusion under subparagraph (A), the Director shall ensure—
(i)the inclusion of data and information that will permit analysis of current trends against previously compiled data and information where the Director believes such analysis enhances long-term assessment of the National Drug Control Strategy; and
(ii)the inclusion of data and information to permit a standardized and uniform assessment of the effectiveness of drug treatment programs in the United States.
(3)Process for development and submission
(A)In developing and effectively implementing the National Drug Control Strategy, the Director—
(i)shall consult with—
(I)the heads of the National Drug Control Program agencies;
(II)Congress;
(III)State and local officials;
(IV)private citizens and organizations, including community- and faith-based organizations, with experience and expertise in demand reduction;
(V)private citizens and organizations with experience and expertise in supply reduction;
(VI)private citizens and organizations with experience and expertise in law enforcement; and
(VII)appropriate representatives of foreign governments;
(ii)with the concurrence of the Attorney General, may require the El Paso Intelligence Center to undertake specific tasks or projects to implement the National Drug Control Strategy;
(iii)with the concurrence of the Director of National Intelligence and the Attorney General, may request that the National Drug Intelligence Center undertake specific tasks or projects to implement the National Drug Control Strategy; and
(iv)may make recommendations to the Secretary of Health and Human Services on research that supports or advances the National Drug Control Strategy.
(B)Commitment to support strategyIn satisfying the requirements of subparagraph (A)(i), the Director shall ensure, to the maximum extent possible, that State and local officials and relevant private organizations commit to support and take steps to achieve the goals and objectives of the National Drug Control Strategy.
(C)Recommendations under subparagraph (A)(iv) may include recommendations of research to be performed at the National Institutes of Health, including the National Institute on Drug Abuse, or any other appropriate agency within the Department of Health and Human Services.
(D)The National Drug Control Strategy under this subsection shall include a list of each entity consulted under subparagraph (A)(i).
(4)Submission of revised strategyThe President may submit to Congress a revised National Drug Control Strategy that meets the requirements of this section—
(A)at any time, upon a determination by the President, in consultation with the Director, that the National Drug Control Strategy in effect is not sufficiently effective; or
(B)if a new President or Director takes office.
(b)Performance measurement systemNot later than February 1 of each year, the Director shall submit to Congress, as part of the National Drug Control Strategy, a description of a national drug control performance measurement system that—
(1)develops 2-year and 5-year performance measures and targets for each National Drug Control Strategy goal and objective established for reducing drug use, drug availability, and the consequences of drug use;
(2)describes the sources of information and data that will be used for each performance measure incorporated into the performance measurement system;
(3)identifies major programs and activities of the National Drug Control Program agencies that support the goals and annual objectives of the National Drug Control Strategy;
(4)evaluates the contribution of demand reduction and supply reduction activities implemented by each National Drug Control Program agency in support of the National Drug Control Strategy;
(5)monitors consistency of drug-related goals and objectives among the National Drug Control Program agencies and ensures that each agency’s goals, objectives, and budgets support and are fully consistent with the National Drug Control Strategy; and
(6)coordinates the development and implementation of national drug control data collection and reporting systems to support policy formulation and performance measurement, including an assessment of—
(A)the quality of current drug use measurement instruments and techniques to measure supply reduction and demand reduction activities;
(B)the adequacy of the coverage of existing national drug use measurement instruments and techniques to measure the illicit drug user population, and groups that are at risk for illicit drug use; and
(C)the adequacy of the coverage of existing national treatment outcome monitoring systems to measure the effectiveness of drug abuse treatment in reducing illicit drug use and criminal behavior during and after the completion of substance abuse treatment; and
(7)identifies the actions the Director shall take to correct any inadequacies, deficiencies, or limitations identified in the assessment described in paragraph (6).
(c)A description of any modifications made during the preceding year to the national drug performance measurement system described in subsection (b) shall be included in each report submitted under subsection (a)..
8.High Intensity Drug Trafficking Areas ProgramSection 707 (21 U.S.C. 1706) is amended to read as follows:
707.High intensity drug trafficking areas program
(a)
(1)There is established in the Office a program to be known as the High Intensity Drug Trafficking Areas Program (in this section referred to as the Program
).
(2)The purpose of the Program is to reduce drug trafficking and drug production in the United States by—
(A)facilitating cooperation among Federal, State, and local law enforcement agencies to share information and implement coordinated enforcement activities;
(B)enhancing intelligence sharing among Federal, State, and local law enforcement agencies;
(C)providing reliable intelligence to law enforcement agencies needed to design effective enforcement strategies and operations; and
(D)supporting coordinated law enforcement strategies which maximize use of available resources to reduce the supply of illegal drugs in designated areas and in the United States as a whole.
(b)The Director, upon consultation with the Attorney General, the Secretary of the Treasury, the Secretary of Homeland Security, heads of the National Drug Control Program agencies, and the Governor of each applicable State, may designate any specified area of the United States as a high intensity drug trafficking area. After making such a designation and in order to provide Federal assistance to the area so designated, the Director may—
(1)obligate such sums as are appropriated for the Program;
(2)direct the temporary reassignment of Federal personnel to such area, subject to the approval of the head of the department or agency that employs such personnel;
(3)take any other action authorized under section 704 to provide increased Federal assistance to those areas; and
(4)coordinate activities under this section (specifically administrative, recordkeeping, and funds management activities) with State and local officials.
(c)Petitions for designationThe Director shall establish regulations under which a coalition of interested law enforcement agencies from an area may petition for designation as a high intensity drug trafficking area. Such regulations shall provide for a regular review by the Director of the petition, including a recommendation regarding the merit of the petition to the Director by a panel of qualified, independent experts.
(d)Factors for considerationIn considering whether to designate an area under this section as a high intensity drug trafficking area, the Director shall consider, in addition to such other criteria as the Director considers to be appropriate, the extent to which—
(1)the area is a significant center of illegal drug production, manufacturing, importation, or distribution;
(2)State and local law enforcement agencies have committed resources to respond to the drug trafficking problem in the area, thereby indicating a determination to respond aggressively to the problem;
(3)drug-related activities in the area are having a significant harmful impact in the area, and in other areas of the country; and
(4)a significant increase in allocation of Federal resources is necessary to respond adequately to drug-related activities in the area.
(e)Organization of high intensity drug trafficking areas
(1)Executive board and officersTo be eligible for funds appropriated under this section, each high intensity drug trafficking area shall be governed by an Executive Board. The Executive Board shall designate a president, vice president, and any other officers to the Executive Board that it determines are necessary.
(2)The Executive Board of a high intensity drug trafficking area shall be responsible for—
(A)providing direction and oversight in establishing and achieving the goals of the high intensity drug trafficking area;
(B)managing the funds of the high intensity drug trafficking area;
(C)reviewing and approving all funding proposals consistent with the overall objective of the high intensity drug trafficking area; and
(D)reviewing and approving all reports to the Director on the activities of the high intensity drug trafficking area.
(3)None of the funds appropriated under this section may be expended for any high intensity drug trafficking area, or for a partnership or region of a high intensity drug trafficking area, if that area’s, region’s or partnership’s Executive Board is not comprised of equal voting representation between representatives of participating Federal law enforcement or prosecution agencies and representatives of participating State and local law enforcement or prosecution agencies. Nothing in this paragraph precludes an Executive Board from including additional, nonvoting members representing Federal, State, or local agencies.
(4)The eligibility requirements of this section are intended to ensure the responsible use of Federal funds. Nothing in this section is intended to create an agency relationship between individual high intensity drug trafficking areas and the Federal Government.
(f)The Director shall ensure that no Federal funds appropriated for the Program are expended for the establishment or expansion of drug treatment or drug use prevention programs.
(g)Counterterrorism activities
(1)The Director may authorize use of resources available for the Program to assist Federal, State, and local law enforcement agencies in investigations and activities related to terrorism and prevention of terrorism, especially but not exclusively with respect to such investigations and activities that are also related to drug trafficking.
(2)The Director shall ensure—
(A)that assistance provided under paragraph (1) remains incidental to the purpose of the Program to reduce drug availability and carry out drug-related law enforcement activities; and
(B)that significant resources of the Program are not redirected to activities exclusively related to terrorism, except on a temporary basis under extraordinary circumstances, as determined by the Director.
(h)Role of drug enforcement administrationThe Director, in consultation with the Attorney General, shall ensure that a representative of the Drug Enforcement Administration is included in the Intelligence Support Center for each high intensity drug trafficking area.
(i)Annual HIDTA program budget submissionsAs part of the documentation that supports the President’s annual budget request for the Office, the Director shall submit to Congress a budget justification that includes the following:
(1)The amount requested for each high intensity drug trafficking area with supporting narrative descriptions and rationale for each request.
(2)A detailed justification for each funding request that explains the reasons for the requested funding level, how such funding level was determined based on a current assessment of the drug trafficking threat in each high intensity drug trafficking area, how such funding will ensure that the goals and objectives of each such area will be achieved, and how such funding supports the National Drug Control Strategy.
(j)Emerging threat response fund
(1)The Director may expend up to 10 percent of the amounts appropriated under this section on a discretionary basis, to respond to any emerging drug trafficking threat in an existing high intensity drug trafficking area, or to establish a new high intensity drug trafficking area or expand an existing high intensity drug trafficking area, in accordance with the criteria established under paragraph (2).
(2)In allocating funds under this subsection, the Director shall consider—
(A)the impact of activities funded on reducing overall drug traffic in the United States, or minimizing the probability that an emerging drug trafficking threat will spread to other areas of the United States; and
(B)such other criteria as the Director considers appropriate.
(k)
(1)Not later than 90 days after the date of the enactment of this subsection, the Director shall, after consulting with the Executive Boards of each designated high intensity drug trafficking area, submit a report to Congress that describes, for each designated high intensity drug trafficking area—
(A)the specific purposes for the high intensity drug trafficking area;
(B)the specific long-term and short-term goals and objectives for the high intensity drug trafficking area;
(C)the measurements that will be used to evaluate the performance of the high intensity drug trafficking area in achieving the long-term and short-term goals; and
(D)the reporting requirements needed to evaluate the performance of the high intensity drug trafficking area in achieving the long-term and short-term goals.
(2)Evaluation of hidta program as part of national drug control strategyFor each designated high intensity drug trafficking area, the Director shall submit, as part of the annual National Drug Control Strategy report, a report that—
(A)describes—
(i)the specific purposes for the high intensity drug trafficking area; and
(ii)the specific long-term and short-term goals and objectives for the high intensity drug trafficking area; and
(B)includes an evaluation of the performance of the high intensity drug trafficking area in accomplishing the specific long-term and short-term goals and objectives identified under paragraph (1)(B).
(l)Assessment of drug enforcement task forces in high intensity drug trafficking areasNot later than 180 days after the date of enactment of this subsection, and as part of each subsequent annual National Drug Control Strategy report, the Director shall submit to Congress a report—
(1)assessing the number and operation of all federally funded drug enforcement task forces within each high intensity drug trafficking area; and
(2)describing—
(A)each Federal, State, and local drug enforcement task force operating in the high intensity drug trafficking area;
(B)how such task forces coordinate with each other, with any high intensity drug trafficking area task force, and with investigations receiving funds from the Organized Crime and Drug Enforcement Task Force;
(C)what steps, if any, each such task force takes to share information regarding drug trafficking and drug production with other federally funded drug enforcement task forces in the high intensity drug trafficking area;
(D)the role of the high intensity drug trafficking area in coordinating the sharing of such information among task forces;
(E)the nature and extent of cooperation by each Federal, State, and local participant in ensuring that such information is shared among law enforcement agencies and with the high intensity drug trafficking area;
(F)the nature and extent to which information sharing and enforcement activities are coordinated with joint terrorism task forces in the high intensity drug trafficking area; and
(G)any recommendations for measures needed to ensure that task force resources are utilized efficiently and effectively to reduce the availability of illegal drugs in the high intensity drug trafficking areas.
(m)Assessment of intelligence sharing in high intensity drug trafficking areas—programNot later than 180 days after the date of the enactment of this subsection, and as part of each subsequent annual National Drug Control Strategy report, the Director shall submit to Congress a report—
(1)evaluating existing and planned intelligence systems supported by each high intensity drug trafficking area, or utilized by task forces receiving any funding under the Program, including the extent to which such systems ensure access and availability of intelligence to Federal, State, and local law enforcement agencies within the high intensity drug trafficking area and outside of it;
(2)the extent to which Federal, State, and local law enforcement agencies participating in each high intensity drug trafficking area are sharing intelligence information to assess current drug trafficking threats and design appropriate enforcement strategies; and
(3)the measures needed to improve effective sharing of information and intelligence regarding drug trafficking and drug production among Federal, State, and local law enforcement participating in a high intensity drug trafficking area, and between such agencies and similar agencies outside the high intensity drug trafficking area.
(n)Authorization of appropriationsThere is authorized to be appropriated to the Office of National Drug Control Policy to carry out this section—
(1)$280,000,000 for fiscal year 2006;
(2)$290,000,000 for each of fiscal years 2007 and 2008; and
(3)$300,000,000 for each of fiscal years 2009 and 2010..
9.Funding for certain High Intensity Drug Trafficking Areas
(a)This section may be cited as the Dawson Family Community Protection Act
.
(b)Congress finds the following:
(1)In the early morning hours of October 16, 2002, the home of Carnell and Angela Dawson was firebombed in apparent retaliation for Mrs. Dawson’s notification of police about persistent drug distribution activity in their East Baltimore City neighborhood.
(2)The arson claimed the lives of Mr. and Mrs. Dawson and their 5 young children, aged 9 to 14.
(3)The horrific murder of the Dawson family is a stark example of domestic narco-terrorism.
(4)In all phases of counter-narcotics law enforcement—from prevention to investigation to prosecution to reentry—the voluntary cooperation of ordinary citizens is a critical component.
(5)Voluntary cooperation is difficult for law enforcement officials to obtain when citizens feel that cooperation carries the risk of violent retaliation by illegal drug trafficking organizations and their affiliates.
(6)Public confidence that law enforcement is doing all it can to make communities safe is a prerequisite for voluntary cooperation among people who may be subject to intimidation or reprisal (or both).
(7)Witness protection programs are insufficient on their own to provide security because many individuals and families who strive every day to make distressed neighborhoods livable for their children, other relatives, and neighbors will resist or refuse offers of relocation by local, State, and Federal prosecutorial agencies and because, moreover, the continued presence of strong individuals and families is critical to preserving and strengthening the social fabric in such communities.
(8)Where (as in certain sections of Baltimore City) interstate trafficking of illegal drugs has severe ancillary local consequences within areas designated as high intensity drug trafficking areas, it is important that supplementary High Intensity Drug Trafficking Areas Program funds be committed to support initiatives aimed at making the affected communities safe for the residents of those communities and encouraging their cooperation with local, State, and Federal law enforcement efforts to combat illegal drug trafficking.
(c)Funding for certain high intensity drug trafficking areasSection 707 (21 U.S.C. 1706), as amended by section 8, is further amended by adding at the end the following new subsection:
(o)
(1)The Director shall ensure that, of the amounts appropriated for a fiscal year for the Program, at least $5,000,000 is used in high intensity drug trafficking areas with severe neighborhood safety and illegal drug distribution problems.
(2)The funds used under paragraph (1) shall be used—
(A)to ensure the safety of neighborhoods and the protection of communities, including the prevention of the intimidation of potential witnesses of illegal drug distribution and related activities; and
(B)to combat illegal drug trafficking through such methods as the Director considers appropriate, such as establishing or operating (or both) a toll-free telephone hotline for use by the public to provide information about illegal drug-related activities..
10.Amendments relating to Counter-Drug Technology Assessment Center
(a)Section 708(b) (21 U.S.C. 1707(b)) is amended—
(1)in the heading by striking Director of Technology.—
and inserting Chief scientist.—
; and
(2)by striking Director of Technology,
and inserting Chief Scientist,
.
(b)Additional responsibilities of directorSection 708(c) (21 U.S.C. 1707(c)) is amended to read as follows:
(c)Additional responsibilities of the Director of National Drug Control Policy
(1)The Director, acting through the Chief Scientist shall—
(A)identify and define the short-, medium-, and long-term scientific and technological needs of Federal, State, and local law enforcement agencies relating to drug enforcement, including—
(i)advanced surveillance, tracking, and radar imaging;
(ii)electronic support measures;
(iii)communications;
(iv)data fusion, advanced computer systems, and artificial intelligence; and
(v)chemical, biological, radiological (including neutron, electron, and graviton), and other means of detection;
(B)identify demand reduction (including drug prevention) basic and applied research needs and initiatives, in consultation with affected National Drug Control Program agencies, including—
(i)improving treatment through neuroscientific advances;
(ii)improving the transfer of biomedical research to the clinical setting; and
(iii)in consultation with the National Institute on Drug Abuse and the Substance Abuse and Mental Health Services Administration, and through interagency agreements or grants, examining addiction and rehabilitation research and the application of technology to expanding the effectiveness or availability of drug treatment;
(C)make a priority ranking of such needs identified in subparagraphs (A) and (B) according to fiscal and technological feasibility, as part of a National Counterdrug Research and Development Program;
(D)oversee and coordinate counterdrug technology initiatives with related activities of other Federal civilian and military departments;
(E)provide support to the development and implementation of the national drug control performance measurement system established under subsection (b) of section 706;
(F)with the advice and counsel of experts from State and local law enforcement agencies, oversee and coordinate a technology transfer program for the transfer of technology to State and local law enforcement agencies; and
(G)pursuant to the authority of the Director of National Drug Control Policy under section 704, submit requests to Congress for the reprogramming or transfer of funds appropriated for counterdrug technology research and development.
(2)Priorities in transferring technology
(A)The Chief Scientist shall give priority, in transferring technology under paragraph (1)(F), based on the following criteria:
(i)the need of potential recipients for such technology;
(ii)the effectiveness of the technology to enhance current counterdrug activities of potential recipients; and
(iii)the ability and willingness of potential recipients to evaluate transferred technology.
(B)Interdiction and border drug law enforcement technologiesThe Chief Scientist shall give priority, in transferring technologies most likely to assist in drug interdiction and border drug law enforcement, to State, local, and tribal law enforcement agencies in southwest border areas and northern border areas with significant traffic in illicit drugs.
(3)The authority granted to the Director under this subsection shall not extend to the direct management of individual projects or other operational activities.
(4)On or before July 1 of each year, the Director shall submit a report to the appropriate congressional committees that addresses the following:
(A)The number of requests received during the previous 12 months, including the identity of each requesting agency and the type of technology requested.
(B)The number of requests fulfilled during the previous 12 months, including the identity of each recipient agency and the type of technology transferred.
(C)A summary of the criteria used in making the determination on what requests were funded and what requests were not funded, except that such summary shall not include specific information on any individual requests.
(D)A general assessment of the future needs of the program, based on expected changes in threats, expected technologies, and likely need from potential recipients.
(E)An assessment of the effectiveness of the technologies transferred, based in part on the evaluations provided by the recipients, with a recommendation whether the technology should continue to be offered through the program..
(c)Assistance from Secretary of Homeland SecuritySection 708(d) (21 U.S.C. 1707(d)) is amended by inserting , the Secretary of Homeland Security,
after The Secretary of Defense
.
11.National youth antidrug media campaign
(a)Section 709 (21 U.S.C. 1708) is amended to read as follows:
709.National youth antidrug media campaign
(a)The Director shall conduct a national youth anti-drug media campaign (referred to in this subtitle as the ‘national media campaign’) in accordance with this section for the purposes of—
(1)preventing drug abuse among young people in the United States;
(2)increasing awareness of adults of the impact of drug abuse on young people; and
(3)encouraging parents and other interested adults to discuss with young people the dangers of illegal drug use.
(b)
(1)Amounts made available to carry out this section for the national media campaign may only be used for the following:
(A)The purchase of media time and space, including the strategic planning for, and accounting of, such purchases.
(B)Creative and talent costs, consistent with paragraph (2)(A).
(C)Advertising production costs.
(D)Testing and evaluation of advertising.
(E)Evaluation of the effectiveness of the national media campaign.
(F)The negotiated fees for the winning bidder on requests for proposals issued either by the Office or its designee to enter into contracts to carry out activities authorized by this section.
(G)Partnerships with professional and civic groups, community-based organizations, including faith-based organizations, and government organizations related to the national media campaign.
(H)Entertainment industry outreach, interactive outreach, media projects and activities, public information, news media outreach, and corporate sponsorship and participation.
(I)Operational and management expenses.
(2)
(A)
(i)In using amounts for creative and talent costs under paragraph (1)(B), the Director shall use creative services donated at no cost to the Government (including creative services provided by the Partnership for a Drug-Free America) wherever feasible and may only procure creative services for advertising—
(I)responding to high-priority or emergent campaign needs that cannot timely be obtained at no cost; or
(II)intended to reach a minority, ethnic, or other special audience that cannot reasonably be obtained at no cost; or
(III)the Director determines that the Partnership for a Drug-Free America is unable to provide, pursuant to subsection (d)(2)(B).
(ii)No more than $1,500,000 may be expended under this section each fiscal year on creative services, except that the Director may expend up to $2,000,000 in a fiscal year on creative services to meet urgent needs of the national media campaign with advance approval from the Committee on Appropriations of the House of Representatives and of the Senate upon a showing of the circumstances causing such urgent needs of the national media campaign.
(B)Testing and evaluation of advertisingIn using amounts for testing and evaluation of advertising under paragraph (1)(D), the Director shall test all advertisements prior to use in the national media campaign to ensure that the advertisements are effective and meet industry-accepted standards. The Director may waive this requirement for advertisements using no more than 10 percent of the purchase of advertising time purchased under this section in a fiscal year and no more than 10 percent of the advertising space purchased under this section in a fiscal year, if the advertisements respond to emergent and time-sensitive campaign needs or the advertisements will not be widely utilized in the national media campaign.
(C)Evaluation of effectiveness of media campaignIn using amounts for the evaluation of the effectiveness of the national media campaign under paragraph (1)(E), the Director shall—
(i)designate an independent entity to evaluate annually the effectiveness of the national media campaign based on data from—
(I)the Monitoring the Future Study published by the Department of Health and Human Services;
(II)the Attitude Tracking Study published by the Partnership for a Drug Free America;
(III)the National Household Survey on Drug Abuse; and
(IV)other relevant studies or publications, as determined by the Director, including tracking and evaluation data collected according to marketing and advertising industry standards; and
(ii)ensure that the effectiveness of the national media campaign is evaluated in a manner that enables consideration of whether the national media campaign has contributed to reduction of illicit drug use among youth and such other measures of evaluation as the Director determines are appropriate.
(3)Purchase of advertising time and spaceFor each fiscal year, not less than 77 percent of the amounts appropriated under this section shall be used for the purchase of advertising time and space for the national media campaign, subject to the following exceptions:
(A)In any fiscal year for which less than $125,000,000 is appropriated for the national media campaign, not less than 82 percent of the amounts appropriated under this section shall be used for the purchase of advertising time and space for the national media campaign.
(B)In any fiscal year for which more than $195,000,000 is appropriated under this section, not less than 72 percent shall be used for advertising production costs and the purchase of advertising time and space for the national media campaign.
(c)In carrying out this section, the Director shall ensure that sufficient funds are allocated to meet the stated goals of the national media campaign.
(d)Division of responsibilities and functions under the program
(1)The Director, in consultation with the Partnership for a Drug-Free America, shall determine the overall purposes and strategy of the national media campaign.
(2)
(A)The Director shall be responsible for implementing a focused national media campaign to meet the purposes set forth in subsection (a), and shall approve—
(i)the strategy of the national media campaign;
(ii)all advertising and promotional material used in the national media campaign; and
(iii)the plan for the purchase of advertising time and space for the national media campaign.
(B)The partnership for a drug-free AmericaThe Director shall request that the Partnership for a Drug-Free America—
(i)develop and recommend strategies to achieve the goals of the national media campaign, including addressing national and local drug threats in specific regions or States, such as methamphetamine and ecstasy;
(ii)create all advertising to be used in the national media campaign, except advertisements that are—
(I)provided by other nonprofit entities pursuant to subsection (f);
(II)intended to respond to high-priority or emergent campaign needs that cannot timely be obtained at no cost (not including production costs and talent reuse payments), provided that any such advertising material is reviewed by the Partnership for a Drug-Free America;
(III)intended to reach a minority, ethnic, or other special audience that cannot be obtained at no cost (not including production costs and talent reuse payments), provided that any such advertising material is reviewed by the Partnership for a Drug-Free America; or
(IV)any other advertisements that the Director determines that the Partnership for a Drug-Free America is unable to provide.
(C)The Director shall enter into a contract with a media buying contractor to plan and purchase advertising time and space for the national media campaign. The media buying contractor shall not provide any other service or material, or conduct any other function or activity which the Director determines should be provided by the Partnership for a Drug-Free America.
(e)None of the amounts made available under subsection (b) may be obligated or expended for any of the following:
(1)To supplant current antidrug community-based coalitions.
(2)To supplant pro bono public service time donated by national and local broadcasting networks for other public service campaigns.
(3)For partisan political purposes, or express advocacy in support of or to defeat any clearly identified candidate, clearly identified ballot initiative, or clearly identified legislative or regulatory proposal.
(4)To fund advertising that features any elected officials, persons seeking elected office, cabinet level officials, or other Federal officials employed pursuant to section 213 of Schedule C of title 5, Code of Federal Regulations.
(5)To fund advertising that does not contain a primary message intended to reduce or prevent illicit drug use.
(6)To fund advertising containing a primary message intended to promote support for the media campaign or private sector contributions to the media campaign.
(f)
(1)Amounts made available under subsection (b) for media time and space shall be matched by an equal amount of non-Federal funds for the national media campaign, or be matched with in-kind contributions of the same value.
(2)No-cost match advertising direct relationship requirementThe Director shall ensure that at least 70 percent of no-cost match advertising provided directly relates to substance abuse prevention consistent with the specific purposes of the national media campaign, except that in any fiscal year in which less than $125,000,000 is appropriated to the national media campaign, the Director shall ensure that at least 85 percent of no-cost match advertising directly relates to substance abuse prevention consistent with the specific purposes of the national media campaign.
(3)No-cost match advertising not directly relatedThe Director shall ensure that no-cost match advertising that does not directly relate to substance abuse prevention consistent with the purposes of the national media campaign includes a clear antidrug message. Such message is not required to be the primary message of the match advertising.
(4)Sponsorship identificationAny advertising material donated to the national media campaign at no cost shall not be subject to the sponsorship identification provisions in section 317 of the Communications Act of 1934 (47 U.S.C. 317).
(g)Financial and performance accountabilityThe Director shall cause to be performed—
(1)audits and reviews of costs of the national media campaign pursuant to section 304C of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254d); and
(2)an audit to determine whether the costs of the national media campaign are allowable under section 306 of such Act (41 U.S.C. 256).
(h)The Director shall submit on an annual basis a report to Congress that describes—
(1)the strategy of the national media campaign and whether specific objectives of the media campaign were accomplished;
(2)steps taken to ensure that the national media campaign operates in an effective and efficient manner consistent with the overall strategy and focus of the national media campaign;
(3)plans to purchase advertising time and space;
(4)policies and practices implemented to ensure that Federal funds are used responsibly to purchase advertising time and space and eliminate the potential for waste, fraud, and abuse; and
(5)all contracts entered into with a corporation, partnership, or individual working on behalf of the national media campaign.
(i)The Director shall, to the maximum extent feasible, use amounts made available under this section for media that focuses on, or includes specific information on, prevention or treatment resources for consumers within specific local areas.
(j)Prevention of marijuana use
(1)The Congress finds the following:
(A)60 percent of adolescent admissions for drug treatment are based on marijuana use.
(B)Potency levels of contemporary marijuana, particularly hydroponically grown marijuana, are significantly higher than in the past, rising from under 1 percent of THC in the mid-1970s to as high as 30 percent today.
(C)Contemporary research has demonstrated that youths smoking marijuana early in life may be up to five times more likely to use hard drugs.
(D)Contemporary research has demonstrated clear detrimental effects in adolescent educational achievement resulting from marijuana use.
(E)Contemporary research has demonstrated clear detrimental effects in adolescent brain development resulting from marijuana use.
(F)An estimated 9,000,000 Americans a year drive while under the influence of illegal drugs, including marijuana.
(G)Marijuana smoke contains 50 to 70 percent more of certain cancer causing chemicals than tobacco smoke.
(H)Teens who use marijuana are up to four times more likely to have a teen pregnancy than teens who have not.
(I)Federal law enforcement agencies have identified clear links suggesting that trade in hydroponic marijuana facilitates trade by criminal organizations in hard drugs, including heroin.
(J)Federal law enforcement agencies have identified possible links between trade in cannabis products and financing for terrorist organizations.
(2)Emphasis on prevention of youth marijuana useIn conducting advertising and activities otherwise authorized under this section, the Director may emphasize prevention of youth marijuana use.
(k)Authorization of appropriationsThere is authorized to be appropriated to the Office to carry out this section, $195,000,000 for each of fiscal years 2006 and 2007 and $210,000,000 for each of fiscal years 2008 through 2010..
(b)Repeal of superseded provisionsThe Drug-Free Media Campaign Act of 1998 (21 U.S.C. 1801 et seq.) is repealed.
12.
(a)Section 711 (21 U.S.C. 1710) is amended to read as follows:
(a)United states interdiction coordinator
(1)The Deputy Director for Supply Reduction in the Office shall serve as the United States Interdiction Coordinator, and shall perform the duties of that position described in paragraph (2) and such other duties as may be determined by the Director with respect to coordination of efforts to interdict illicit drugs from the United States.
(2)The United States Interdiction Coordinator shall be responsible to the Director for
(A)coordinating the interdiction activities of the National Drug Control Program agencies to ensure consistency with the National Drug Control Strategy;
(B)developing and issuing, on or before March 1 of each year and in accordance with paragraph (3), a National Interdiction Command and Control Plan to ensure the coordination and consistency described in subparagraph (A);
(C)assessing the sufficiency of assets committed to illicit drug interdiction by the relevant National Drug Control Program agencies; and
(D)advising the Director on the efforts of each National Drug Control Program agency to implement the National Interdiction Command and Control Plan.
(3)National interdiction command and control plan
(A)The National Interdiction Command and Control Plan shall
(i)set forth the Government’s strategy for drug interdiction;
(ii)state the specific roles and responsibilities of the relevant National Drug Control Program agencies for implementing that strategy; and
(iii)identify the specific resources required to enable the relevant National Drug Control Program agencies to implement that strategy.
(B)Consultation with other agenciesThe United States Interdiction Coordinator shall issue the National Interdiction Command and Control Plan in consultation with the other members of the Interdiction Committee described in subsection (b).
(C)The National Interdiction Command and Control Plan shall not change existing agency authorities or the laws governing interagency relationships, but may include recommendations about changes to such authorities or laws.
(D)On or before March 1 of each year, the United States Interdiction Coordinator shall provide a report to the appropriate congressional committees, to the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives, and to the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate, which shall include
(i)a copy of that year's National Interdiction Command and Control Plan;
(ii)information for the previous 10 years regarding the number and type of seizures of drugs by each National Drug Control Program agency conducting drug interdiction activities, as well as statistical information on the geographic areas of such seizures; and
(iii)information for the previous 10 years regarding the number of air and maritime patrol hours undertaken by each National Drug Control Program agency conducting drug interdiction activities, as well as statistical information on the geographic areas in which such patrol hours took place.
(E)Treatment of classified or law enforcement sensitive informationAny content of the report described in subparagraph (D) that involves information classified under criteria established by an Executive order, or the public disclosure of which, as determined by the United States Interdiction Coordinator or the head of any relevant National Drug Control Program agency, would be detrimental to the law enforcement or national security activities of any Federal, State, or local agency, shall be presented to Congress separately from the rest of the plan.
(b)
(1)The Interdiction Committee shall meet to—
(A)discuss and resolve issues related to the coordination, oversight and integration of international, border, and domestic drug interdiction efforts in support of the National Drug Control Strategy;
(B)review the annual National Interdiction Command and Control Plan, and provide advice to the Director and the United States Interdiction Coordinator concerning that plan; and
(C)provide such other advice to the Director concerning drug interdiction strategy and policies as the committee determines is appropriate.
(2)The membership of the Interdiction Committee shall consist of—
(A)the Commissioner of the bureau of Customs and Border Protection at the Department of Homeland Security;
(B)the Assistant Secretary of the bureau of Immigration and Customs Enforcement at the Department of Homeland Security;
(C)the Commandant of the United States Coast Guard;
(D)the Director of the Office of Counternarcotics Enforcement at the Department of Homeland Security;
(E)the Administrator of the Drug Enforcement Administration;
(F)the Assistant Secretary of State for International Narcotics and Law Enforcement Affairs;
(G)the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict;
(H)the Deputy Director for Supply Reduction of the Office of National Drug Control Policy, acting in his role as the United States Interdiction Coordinator;
(I)the director of the Crime and Narcotics Center of the Central Intelligence Agency; and
(J)such additional persons as may be determined by the Director.
(3)The Director shall designate one of the members of the Interdiction Committee to serve as chairman.
(4)The members of the Interdiction Committee shall meet, in person and not through any delegate or representative, at least once per calendar year, prior to March 1. At the call of either the Director or the current chairman, the Interdiction Committee may hold additional meetings, which shall be attended by the members either in person, or through such delegates or representatives as they may choose.
(5)After each meeting, the chairman of the Interdiction Committee shall submit a report to the Director and to the congressional committees listed in subsection (a)(3)(D) describing the meeting and its results. Any content of such a report that involves information classified under criteria established by an Executive order, or whose public disclosure, as determined by the Director, the chairman, or any member, would be detrimental to the law enforcement or national security activities of any Federal, State, or local agency, shall be presented to Congress separately from the rest of the report..
(b)Conforming amendment to homeland security act of 2002Section 878 of the Homeland Security Act of 2002 (6 U.S.C. 458) is amended—
(1)in subsection (c), by striking Except as provided in subsection (d), the
and inserting The
; and
(2)by striking subsection (d) and redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively.
13.Authorization of appropriationsSection 714 (21 U.S.C. 1711) is amended—
(1)by striking title,
and inserting title, except activities for which amounts are otherwise specifically authorized by this title,
; and
(2)by striking 1999 through 2003
and inserting 2006 through 2010
.
14.Technical amendments and repeal
(a)Amendment to Public Health Service Act to replace obsolete referencesSection 464P(c) of the Public Health Service Act (42 U.S.C. 285o–4(c)) is amended—
(1)in paragraph (1), by striking under section 1002 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1501)
and inserting under section 703 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1702)
; and
(2)in paragraph (2), by striking under section 1005 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1504)
and inserting under section 706 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1705)
.
(b)Repeal of special Forfeiture FundSection 6073 of the Asset Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) is repealed.